161.612 Membership of individuals providing part-time and substitute services --
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/ky/161-612A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Service credit -- Participation in benefits. Effective July 1, 2002, any individual occupying a position on a part-time basis that requires certification or graduation from a four
(4)year college or university as a condition of employment and any individual providing part-time or substitute teaching services that are the same or similar to those teaching services provided by certified, full- time teachers shall be a member of the Teachers' Retirement System, according to the conditions and only to the extent set forth in this section, if the individual is employed by one
(1)of the public boards, institutions, or agencies set forth in KRS 161.220, excluding those public boards, institutions, and agencies described in KRS 161.220(4)(b) and (n). Members providing part-time and substitute services shall participate in the retirement system as follows:
(1)Members providing part-time and substitute services shall accrue service credit as
provided under KRS 161.500 and be entitled to a retirement allowance upon
meeting the service retirement conditions of KRS 161.600. The board of trustees
shall adopt a methodology for accrediting service credit to these members on a pro
rata basis. The methodology adopted by the board of trustees may be amended as
necessary to ensure its actuarial soundness. The retirement allowance for members
providing part-time and substitute services shall be calculated pursuant to KRS
161.620 and 161.635 or 161.636, as applicable, except that the provisions of KRS
161.620(3) shall not apply. Members providing part-time and substitute services
who meet the service retirement conditions of KRS 161.600 may also be eligible to
participate as approved by the board of trustees in the medical insurance program
provided by the retirement system under KRS 161.675. Members providing part-
time and substitute services shall make contributions to the Teachers' Retirement
System at the rate provided under KRS 161.540. A member who provides part-time
or substitute services, or in the event of the death of the member, the member's
estate or applicably designated beneficiary, will be entitled, within ninety
(90)days
of the posting of the annual report submitted by the member's employer, to a refund
of contributions as permitted and limited by KRS 161.470;
(a)1. The board of trustees shall adopt eligibility conditions under which
members providing part-time and substitute services may participate in
the benefits provided under KRS 161.520, 161.655, 161.661, and
161.663.
2. For all disability retirement applications filed with the Teachers'
Retirement System on or after July 1, 2021, disability retirement
payments and any other recurring payments payable by any other state-
administered retirement system to members providing part-time or
substitute services shall be applied to reduce, on a dollar-for-dollar
basis, the minimum monthly disability retirement allowance of five
hundred dollars ($500) provided for under KRS 161.661(6).
3. Effective July 1, 2021, members providing part-time or substitute
services shall not be eligible to apply for a disability retirement
allowance if they are eligible for a service retirement allowance that is
not subject to an actuarial reduction required under KRS 161.600(1)(b)
or (d).
(b)The board of trustees may permit members providing part-time or substitute
services to participate in other benefits offered by the retirement system by
promulgating administrative regulations that establish eligibility conditions
for participation in these benefits. All eligibility conditions adopted by the
board of trustees pursuant to this subsection may be amended as necessary to
ensure their actuarial soundness;
(3)In addition to the pro rata methodology adopted by the board of trustees under
subsection
(1)of this section, members providing part-time and substitute services
shall be subject to all limitations and conditions regarding the accrual, retention,
accreditation, and use of service credit that apply to members providing full-time
services. In addition to the eligibility conditions set forth by the board of trustees
under subsection
(2)of this section, members providing part-time and substitute
services shall be subject to all limitations and conditions regarding both the
eligibility to participate and the extent of participation in any benefit offered under
KRS 161.220 to 161.716 that apply to members providing full-time services;
(4)Notwithstanding any other provisions of this section to the contrary, instructional
assistants who provide teaching services in the local school districts on a full-time
basis in positions covered by the County Employees Retirement System who are
used as substitute teachers on an emergency basis for five
(5)days or less during
any one
(1)fiscal year shall not be considered members of the Teachers' Retirement
System during that period in which they are serving as substitute teachers for five
(5)days or less;
(5)The board of trustees may adopt a pro rata methodology to determine the annual
compensation of members providing part-time and substitute services in order to
determine benefits provided under KRS 161.661 and 161.663. Members providing
part-time and substitute services who had retirement contributions posted to their
accounts during the previous fiscal year and who have not had those contributions
refunded to them are eligible to vote for the board of trustees;
(6)The board of trustees of the Teachers' Retirement System shall be responsible for
final determination of membership eligibility and may direct employers to take
whatever action that may be necessary to correct any error relating to membership;
and
(7)The provisions of this section are not subject to KRS 161.714.